Compassionate Appointment after 23 Years of Death of Employee: Supreme Court dismisses Appointment of son of deceased Commercial Taxes Officer [Read Order]

The Supreme Court dismissed the Special leave petition on the claim of appointment of son of the deceased Commercial Taxes Officer. The special leave petition ( SLP ) arose out of an impugned judgment and order passed by the High Court of Judicature at Patna which dismissed the compassionate appointment after 23 years the death of the employee.

The Petitioner was represented by Ms Sugandha Anand, Mr Sarim Naved, Adv, Mr Harsh Kumar, Adv and Mr Pranay Kumar, Adv. The respondent(s) were represented by Mr. Manish Kumar and Ms. Shaswati Parhi, Adv.                      

Aditya Yuvraj Gond, the petitioner’s father died in harness on 31.12.2001 while serving as a Section Officer in the Commercial Taxes Department. The petitioner claimed for compassionate appointment for the son of the deceased employee.

The High Court under the impugned judgment dated 16.04.2019 considered that a claim for compassionate appointment should not be permitted to be legally enforced, 17 years after the death of the employee.

It was well settled that the claim for compassionate appointment is not to be considered as a regular mode of appointment and it is intended to address the penurious situation in the immediate aftermath of the death of the bread earner of the family. 

The two-judge bench comprising Justice Hrishikesh Roy and Justice Prashant Kumar Mishra observed that the concerned employee died 23 years back and dismissed the Special Leave Petition. 

Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates